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ARTICLE · 06 APRIL 2020

Coronavirus/COVID-19 And Construction Contracts

Fenwick Elliott LLP
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The impact of COVID 19 is changing daily and last week, in England at least, many sites closed whilst others continued working.

United KingdomReal Estate and Construction

Introduction

1 The impact of COVID 19 is changing daily and last week, in England at least, many sites closed whilst others continued working. This note seeks to set out the practical steps to be taken in light of recent developments, such as:-

1.1 is force majeure likely to apply to the current situation?

1.2 with some sites now forced to close, what needs to be done now?

1.3 other sites remain open and some Contractors/Sub-Contractors believe that they are being forced to continue working – what can be done?

1.4 steps to be taken now to try to protect your position if claims are to be made for additional time/money in the future? (Please bear in mind the principles underlying the interpretation of force majeure and other Contract terms as set out in my first note.

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